Special Benefits

Note: Compassionate care benefits became payable effective January 04, 2004.

1. Unemployed due to:
   
   • illness, injury, quarantine?
   • pregnancy?
   • need to care for a new-born or child placed for adoption
   • the serious medical condition of a family member who has a significant risk of death within 26 weeks?
2. Applied for special benefits?
3. Qualified for special benefits?

 
All special benefits:
Act: section 12 Employment Insurance Act; related subsection 6(1) Employment Insurance Act, section 13 Employment Insurance Act.

Sickness:
Act and Regulations applying to all special benefits, plus:
Act: paragraph 18(b) Employment Insurance Act, section 21 Employment Insurance Act
Regulations: section 40 Employment Insurance Regulations

Maternity:
Act and Regulations applying to all special benefits, plus:
Act: section 22 Employment Insurance Act
Regulations: section 41 Employment Insurance Regulations; related subsection 40(5) Employment Insurance Regulations

Parental:
Act and Regulations applying to all special benefit, plus:
Act: section 23 Employment Insurance Act

Compassionate Care:
Act and Regulations applying to all special benefits, plus:
Act: section 23.1 Employment Insurance Act
Regulations: sections 41.1 Employment Insurance Regulations, 41.11 Employment Insurance Regulations¹, 41.2 Employment Insurance Regulations and 41.3 Employment Insurance Regulations

 
major attachment (600 hours) required for:
maternity, parental, compassionate care. Also, sickness if stopped working due to incapacity.
Paragraph 18(b) Employment Insurance Act, sections 21 Employment Insurance Act, 22 Employment Insurance Act, 23 Employment Insurance Act, 23.1 of the Act   Employment Insurance Act

proof required for all special benefits:
Paragraph 18(b) Employment Insurance Act, sections 21 Employment Insurance Act, 22 Employment Insurance Act, 23 Employment Insurance Act, 23.1 of the Act   Employment Insurance Act. Regulations sections 40 Employment Insurance Regulations, 41 Employment Insurance Regulations, 41.1 Employment Insurance Regulations, 41.2 Employment Insurance Regulations, 41.3 Employment Insurance Regulations

maximums payable: section 12 of the Act.   Employment Insurance Act

• Maternity: 15 weeks subsections 12(3),12(4) Employment Insurance Act
• Sickness: 15 weeks subsection 12(3) Employment Insurance Act
• Parental: 35 weeks for child care as result of single pregnancy or placement subsections 12(4) Employment Insurance Act, 12(7) Employment Insurance Act
• Compassionate Care: - 6 weeks - paragraph 12(3)(d) and   Employment Insurance Act subsection 12(4.1) Employment Insurance Act

Special benefits combined:

• 65 weeks when maternity, parental and illness benefits are combined (paragraph 12(5)(a) Employment Insurance Act).
  
  
• 56 weeks when parental, illness and compassionate care are combined, or
• 56 weeks when maternity parental and compassionate care benefits are combined - paragraph 12(5)(b) Employment Insurance Act.
  
  
• 71 weeks when maternity, parental, illness and compassionate care benefits are combined - paragraph 12(5)(c) Employment Insurance Act.

 
Claimant must prove entitlement to special benefits

 
LESIUK A-281-01 Judgment Of The Federal Court Of Appeal(leave to appeal dismissed by Supreme Court [ 29642 Judgement Of The Supreme Court Of Canada]) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms.
MILLER A-137-01 Judgment Of The Federal Court Of Appeal, SOLLBACH A-197-98 Judgment Of The Federal Court Of Appeal:  Statutory maximum of special benefits does not contravene section 15 of the Canadian Charter of Rights and Freedoms   Section 15 of the Charter of Rights and Freedoms.

BROWN A-435-00 Judgment Of The Federal Court Of Appeal:  Statutory maximum of special benefits is not discriminatory under the Canadian Human Rights Act

VASILIADIS A-499-01 Judgment Of The Federal Court Of Appeal:  Two week waiting period applies to all benefits unless specifically excluded by some other provision of the Act.

PANNU A-147-03 Judgment Of The Federal Court Of Appeal: Minimum number of insured hours must be accumulated in the qualifying period to be entitled.